B20-199 Draft Committee Print (FINAL)

7/30/2019 B20-199 Draft Committee Print (FINAL)

1/166

COMMITTEE PRINTDRAFT1

Committee of the Whole2

May 22, 20133

4

A BILL5

20-1996

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA7

__________8

To enact and amend provisions of the law necessary to support the fiscal year 2014 budget.9

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this10

act may be cited as the "Fiscal Year 2014 Budget Support Act of 2013".11

Sec. 2. Table of Contents.12

The table of contents for this act is as follows:13

TITLE I. GOVERNMENT DIRECTION AND SUPPORT14Subtitle A. Bonus and Special Pay15Subtitle B. Innovation Fund Establishment16Subtitle C. Department of General Services Protective Services Division17Subtitle D. Captive Insurance18Subtitle E. Technology Services Support19Subtitle F. Eastern Market Jurisdiction Clarification20Subtitle G. Community Affairs Grant-Making Authority21Subtitle H. District of Columbia Government Comprehensive Merit Personnel22Subtitle I. District of Columbia Uniform Law Commission 23Subtitle J. Grant Administration24Subtitle K. Discretionary Funds Renaming25

TITLE II. ECONOMIC DEVELOPMENT AND REGULATION26Subtitle A. Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority27Subtitle B. Workforce Investment Council and Workforce Intermediary Grant-Making Authority28Subtitle C. Unemployment Compensation Anti-Fraud Federal Conformity29Subtitle D. Unemployment Compensation Penalty Reduction30Subtitle E. Unemployment Compensation Benefits Changes Federal Conformity31Subtitle F. Workers' Compensation Average Weekly Wage Calculation Alignment32Subtitle G. Wage Theft Prevention33Subtitle H. Housing Production Trust Fund Revenue Dedication34Subtitle I. Senior Housing Modernization Grant Fund35


2/166

2

Subtitle J. Local Rent Supplement Sustainment1Subtitle K. Walter Reed Army Medical Center Community Advisory Committee2Subtitle L. Foster Youth Transit Subsidy3Subtitle M. Housing Production Trust Fund Securitization4Subtitle N. African-American Civil War Memorial Freedom Foundation Inc. Museum Development5Subtitle O. NoMA Parks Grant Authorization6

TITLE III. PUBLIC SAFETY AND JUSTICE7Subtitle A. Department of Corrections Central Cellblock Management8Subtitle B. Security License Streamlining9Subtitle C. Automated Traffic Enforcement Enhancement10Subtitle D. Domestic Violence Hotline Establishment11Subtitle E. Juvenile Working Group Establishment12Subtitle F. Fire and Emergency Medical Services Overtime Limitation13Subtitle G. Returning Citizens Clarification14Subtitle H. Criminal Justice Coordinating Council Criminal Justice Agency 15

TITLE IV. PUBLIC EDUCATION16Subtitle A. Funding for Public Schools and Public Charter Schools17Subtitle B. Public Charter School Payment Improvement18Subtitle C. State Athletic Activities, Programs, and Office Fund19Subtitle D. University of District of Columbia Accreditation20Subtitle E. Library Collections Account21Subtitle F. State Board Personnel22Subtitle G. Attendance Zone Boundaries23Subtitle H. Public Education Master Facilities Plan Approval24Subtitle I. Deputy Mayor for Education Limited Grant-Making Authority25Subtitle J. Education Funding Formula Equity

26 Subtitle K. South Capitol Street Memorial27

TITLE V. HEALTH AND HUMAN SERVICES28Subtitle A. DC HealthCare Alliance Preservation29Subtitle B. Department of Health Care Finance Establishment30Subtitle C. Stevie Sellows Intermediate Care Facility Quality Improvement31Subtitle D. Development Disabilities Service Management Reform32Subtitle E. Medical Assistance Program33Subtitle F. Department of Human Services' Conforming Amendments34Subtitle G. Department of Health Functions Clarification35Subtitle H. Medicaid Hospital Outpatient Supplemental Payment

36 Subtitle I. Department of Parks and Recreation O-Type37

Subtitle J. Department of Behavioral Health Establishment38Subtitle K. Public Assistance39Subtitle L. Department of Human Services Memorandum of Understanding Authority for Substance Abuse40

Treatment41Subtitle M. Public Assistance Human Impact42Subtitle N. Temporary Assistance for Needy Families Time Limit43


3/166

3

Subtitle O. Interim Disability Assistance1TITLE VI. TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT2

Subtitle A. Safety-Based Traffic Enforcement Fine Reduction3Subtitle B. Department of Motor Vehicles Immobilization4Subtitle C. Stormwater in Lieu Fee Special Fund

5 Subtitle D. District Department of Transportation Parking Meter Revenue6

Subtitle E. Accessible Public Vehicles-for-Hire Funding Amendment7Subtitle F. Bicycle Advisory Council Chair8Subtitle G. Priority Sidewalk Assurance9Subtitle H. Pesticide Registration Fund Preservation10Subtitle I. Public Space Cleaning Grants11Subtitle J. Transportation Fine and Fee Adjustment12Subtitle K. Safety Justification for Traffic Control Officers Placement13Subtitle L. District Department of Transportation DC Circulator14Subtitle M. District Department of Transportation Jurisdiction15Subtitle N. Representation Tags

16

Subtitle O. Automated Traffic Enforcement Safety17TITLE VII. FINANCE AND REVENUE18

Subtitle A. Subject to Appropriations Repealers19Subtitle B. Tax Increment Revenue Bonds DC USA Project Extension20Subtitle C. Delinquent Debt Recovery21Subtitle D. Bank Fees Special Fund22Subtitle E. Affordable Housing Real Property Tax Relief23Subtitle F. Beulah Baptist Church Real Property Equitable Tax Relief24Subtitle G. GALA Hispanic Theatre Real Property Tax Abatement25Subtitle H. Out-of-State Municipal Bond Tax Repeal

26 Subtitle I. Mandarin Hotel Fiscal Year 2013 and Fiscal Year 2014 Fund Transfers27

Subtitle J. Combined Reporting Clarification28Subtitle K. First Congregational United Church of Christ Tax Relief29Subtitle L. Tregaron Conservancy Tax Exemption and Relief30Subtitle M. Adams Morgan Hotel Real Property Tax Abatement Jobs Requirement Clarification31Subtitle N. Tax Revision Commission Extension and Procurement Streamlining32Subtitle O. Tax Clarifications33Subtitle P. Tax Abatement Financial Analysis Requirements34Subtitle Q. Clarification of Personal Property Tax Revenue Reporting35Subtitle R. Income Tax Withholding Statements Electronic Submission36Subtitle S. Clean Hands

37

Subtitle T. Income Tax Standard Deduction Clarification38Subtitle U. Destination DC Clarification39Subtitle V. Tibetan Community Real Property Tax Exemption and Relief40Subtitle W. Contingency Cash Reserve Notification41Subtitle X. Dedicated Funding for the Commission on Arts and Humanities Commission 42Subtitle Y. Bryant Mews Homeowner's Association Equitable Real Property Tax Relief43Subtitle Z. Basilica of the National Shrine of the Immaculate Conception Real Property Tax Exemption 44


4/166

4

Subtitle AA. Jubilee Housing Residential Rental Project Property Tax Exemption1Subtitle BB. Marriage Equality Estate Tax Clarification2Subtitle CC. Motor Vehicle Fuel Tax3Subtitle DD. Title-Holding Entity Real Property Tax Exemption4Subtitle EE. Internet Sales Tax and WMATA Momentum Fund Establishment5Subtitle FF. Age-in-Place and Equitable Senior-citizen Real Property and Relief Payment Plan6

TITLE VIII. CAPITAL BUDGET7Subtitle A. Waterfront Park Bond8Subtitle B. Capital Capacity Expansion9Subtitle C. Pay-as-you-go Capital Account and Streetcar Funding Dedication10Subtitle D. Great Streets Neighborhood Retail Priority Area11Subtitle E .Waterfront Park at the Yards12Subtitle F. Capital Project Rescission.13

TITLE IX. COUNCIL REPORTING REQUIREMENTS14TITLE X. APPLICABILITY, FISCAL IMPACT, AND EFFECTIVE DATE15

TITLE I. GOVERNMENT DIRECTION AND SUPPORT16

SUBTITLE A. BONUS AND SPECIAL PAY17

Sec. 1001. Short title.18

This subtitle may be cited as the "Bonus and Special Pay Limitation Act of 2013".19

Sec. 1002. Bonus and special pay limitations.20

(a) For fiscal year 2014, no funds may be used to support the categories of special awards21

pay or bonus pay; provided, that funds may be used to pay:22

(1) Retirement awards;23

(2) Hiring bonuses for difficult-to-fill positions;24

(3) Additional income allowances for difficult-to-fill positions;25

(4) Agency awards or bonuses funded by private grants or donations;26

(5) Safe driving awards;27

(6) Gainsharing incentives in the Department of Public Works;28

(6) Suggestion or invention awards; or29

(7) Any other award/bonus required by an existing contract or collective30

bargaining agreement that was entered into before the effective date of this subtitle.31


5/166

5

(b) No special awards pay or bonus pay may be paid to a subordinate agency head or an1

assistant or deputy agency head unless required by an existing contract that was entered into2

before the effective date of this subtitle.3

(c) Notwithstanding any other provision of law, no restrictions on the use of funds to4

support the categories of special awards pay (comptroller subcategory 0137) or bonus pay5

(comptroller subcategory 0138) shall apply in fiscal year 2014 to employees of the District of6

Columbia Public Schools who are based at a local school or who provide direct services to7

individual students.8

SUBTITLE B. INNOVATION FUND ESTABLISHMENT9


This subtitle may be cited as the "Innovation Fund Establishment Act of 2013".11

Sec. 1012. Definitions.12

For the purposes of this subtitle, the term:13

(1) "Fund" means the Innovation Fund established in section 1013.14

(2) "Grant managing entity" means the Community Foundation for the National15

Capital Region pursuant to section 1016.16

Sec. 1013. Innovation Fund, established.17

(a) There is established a Innovation Fund ("Fund") to provide sub-grants to nonprofit18

organizations in education, job training, health, services for seniors, arts, public safety, and the19

environment.20

(b) The Mayor shall make a grant to a single grant managing entity of which at least 94%21

shall be used to make sub-grants for the purpose of promoting a growing economy, educational22

improvement, increasing sustainability, and improving the quality of life for all residents. The23

remaining 6% shall be utilized for administrative expenses and evaluation of the Fund.24

(c) The Fund is designed to provide sub-grants to nonprofits in education, job training,25

health, services for seniors, arts, public safety, and the environment. The funds shall be available26


6/166

6

for conveyance to a grant managing entity for the purposes identified in section (b) of this1

section.2

(d) Sub-grants shall be awarded, subject to the availability of funding, as follows:3

(1) All sub-grants shall be awarded on a competitive basis;4

(2) The sub-grants shall not exceed $100,000 per year;5

(3) Capacity building sub-grants are one-time and can be carried over for a6

maximum of 3 years;7

(4) Program development sub-grants are limited to a maximum of 3 years and8

contingent on first-year grant outcomes;9

(5) The sub-grant funds shall be used exclusively to serve District of Columbia10

residents;11

(6) Independent review panels shall be used as part of the sub-grant selection12

process; and13

(7) All sub-grants shall be subject to District transparency requirements such as14

Freedom of Information Act requests.15

(e) The Fund shall be administered pursuant to the requirements set forth in the Grant16

Administration Act of 2013, passed on first reading on May 22, 2013 (subtitle J of title I of Bill17

20-199).18

Sec. 1014. Required information before approval.19

(a) To be eligible to receive a sub-grant from the grant managing entity pursuant to20

section 1013, a sub-grantee shall submit the following required documentation to the grant21

managing entity as well as any additional information required by the grant managing entity:22

(1) Internal Revenue Service certification that the organization is tax-exempt23

under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A24

Stat. 163; 26 U.S.C. 501(c)(3));25

(2)(A) The organization's most recent financial audit, not more than 2 years old;26

or27


7/166

7

(B) A recent financial statement, not more than one year old, prepared by1

a certified accountant that shows that the organization is in good financial standing and which2

delineates its:3

(i) Existing assets and liabilities;4

(ii) Pending lawsuits, if any; and5

(iii) Pending and final judgments, if any.6

(3) Internal Revenue Service Form 990 covering the organization's most recently7

completed fiscal year;8

(4) A notarized statement from the sub-grantee certifying that:9

(A) The organization is current on District and federal taxes;10

(B) The grant managing entity is authorized to verify the organization's tax11

status with the Office of Tax and Revenue and the Office of Tax and Revenue is authorized to12

release this information to the grant managing entity;13

(C) The grant managing entity shall have access to the sub-grantees14

financial, administrative, and operational records, including specific consent for the grant15

managing entity to access its books, accounts, records, findings, and documents related to the16

sub-grant; and17

(D) The sub-grantee is registered with the Department of Consumer and18

Regulatory Affairs; and19

(5) A comprehensive program statement that includes a detailed:20

(A) Scope of work; and21

(B) Budget that describes how the sub-grant funds shall be spent.22

Sec. 1015. Reporting requirements.23

Beginning January 2, 2015, the grant managing entity shall submit an annual report to the24

Mayor and the Council of all District funds allocated, which includes:25

(1) Detailed sub-grantee data;26

(2) Performance measures and performance outcomes under each sub-grant;27


8/166

8

(3) The specific services provided under each sub-grant;1

(4) The entity providing the services, if one other than the sub-grantee;2

(5) The time period of delivery of the services;3

(6) The type of service provided;4

(7) The actual amount paid for the services; and5

(8) The amount of other expenditures under the sub-grant, if any.6

Sec. 1016. Authorization for grant-managing entity.7

For Fiscal Years 2014, 2015, and 2016, the Community Foundation for the National8

Capital Region ("Community Foundation") is designated as the grant managing entity. The9

Community Foundation shall be required to enter into a Memorandum of Understanding10

("MOU") with the District of Columbia government. The MOU shall set forth certain11

administrative requirements for the Community Foundation to abide by when it obtains District12

funds and awards sub-grants involving District funds, and will clarify and reaffirm the13

Community Foundation's responsibility and obligation with respect to District funds, including14

the monitoring of the use of District funds.15

Sec. 1017. Limitation on duplicative projects.16

(a) The grant managing entity shall take steps to avoid awarding sub-grants to a nonprofit17

that has been awarded or is being awarded funds from the DC Children and Youth Investment18

Trust Corporation ("Trust") for the same or similar program purposes for which it is applying for19

funding from the Fund.20

(b) Within 30 days after the effective date of the MOU, the grant managing entity shall21

provide to the Mayor, or his or her designee, and the Council, a plan that sets forth procedures22

for avoiding the award of duplicative funds from the Trust and the Fund.23

SUBTITLE C. DEPARTMENT OF GENERAL SERVICES PROTECTIVE24

SERVICES DIVISION25



9/166

9

This subtitle may be cited as the "Department of General Services Protective Services1

Division Amendment Act of 2013".2

Sec. 1022. Section 1023(6) of the Department of General Services Establishment Act of3

2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code 10-551.02(6)), is4

amended to read as follows:5

"(6) Protective Services Division, which shall coordinate, manage, and provide6

security services for District government facilities through the use of special police officers and7

security officers, as defined in D.C. Official Code 47-2839.01, civilian employees, or8

contractors.".9

SUBTITLE D. CAPTIVE INSURANCE10


This subtitle may be cited as the "Captive Insurance Amendment Act of 2013".12

Sec. 1032. The District of Columbia Medical Liability Captive Insurance Agency13

Establishment Act of 2008, effective July 18, 2008 (D.C. Law 17-196; D.C. Official Code14

1-307.81 et seq.), is amended as follows:15

(a) Section 2 (D.C. Official Code 1-307.81) is amended as follows:16

(1) Paragraph (2) is amended by striking the phrase "District of Columbia17

Medical Liability Captive Insurance Agency" and inserting the phrase "Captive Insurance18

Agency" in its place.19

(2) A new paragraph (2A) is added to read as follows:20

"(2A) "Act of terrorism" shall have the same meaning as provided in section21

102(1) of the Omnibus Anti-Terrorism Act of 2002, effective October 17, 2002 (D.C. Law 14-22

194; D.C. Official Code 22-3152(1)).".23


"(4A) "District real property asset" means improved real property owned by the25

District and includes all structures of a permanent character erected on or affixed to the26

property.".27


10/166

10

(5) Paragraph (5) is amended by striking the phrase "Medical Liability Captive"1

both places it appears and inserting the phrase "Captive" in its place.2


"(8A) "Medical malpractice" means professional negligence by act or omission by4

a health care provider in which the treatment provided falls below the accepted standard of5

practice in the medical community and causes injury or death to the patient, with most cases6

involving medical error.".7


"(9A) "Property insurance" means an insurance policy that protects against most9

risks to property such as earthquakes, floods, acts of terrorism, fires, boiler or machinery failures,10

business interruptions, pollution, fidelity, builders risk, debris removal, and weather damage.".11

(b) Section 3 (D.C. Official Code 1-307.82) is amended to read as follows:12

"Sec. 3. Establishment of the Captive Insurance Agency.13

"(a) There is established, as a subordinate agency, the Captive Insurance Agency.14

"(b) The purpose of the Agency is to:15

"(1) Provide medical malpractice liability insurance policies for health centers,16

including coverage for the staff, contractors, and volunteer service providers for the services17

provided at the health centers; and18

"(2) Provide property insurance for District real property assets.19

"(c) The liability of the Agency for medical malpractice liability and property insurance20

policies shall be limited to the funds in the Captive Trust Fund.".21

(c) Section 4(a) (D.C. Official Code 1-307.83(a)) is amended follows:22

(1) Paragraph (1) is amended to read as follows:23

"(1) By delegation from the Mayor, to exercise procurement authority as is24

necessary or proper to carry out the provisions and purposes of this act, including contract25

oversight and contracting with:26


11/166


12/166

12

(g) Section 11 (D.C. Official Code 1-307.90) is amended to read as follows:1

"Sec. 11. Coverage.2

"(a) The Agency shall offer:3

"(1) Health centers medical malpractice insurance that is consistent with4

coverage offered in the market; and5

"(2) Property insurance for the benefit of the District for District real property6

assets consistent with coverage offered in the market.7

"(b) The insurance policies and coverage offered pursuant to this act shall be established8

by the Risk Officer with the advice of the Advisory Council and subject to the approval of the9

Commissioner.10

"(c) Any policy offered by the Agency shall state that the liability of the Agency shall be11

limited to the funds in the Captive Trust Fund.".12

(h) Section 12(a) (DC Official Code 1-307.91(a)) is amended by striking the phrase13

"Medical Liability Captive" and inserting the phrase "Captive" in its place.14

(i) A new section 16 is added to read as follows:15

"Sec. 16. Short title.16

"This act may be cited as the "Captive Insurance Agency Establishment Act of 2008"."17

SUBTITLE E. TECHNOLOGY SERVICES SUPPORT18


This subtitle may be cited as the "Technology Services Support Amendment Act of20

2013".21

Sec. 1042. The Technology Services Support Act of 2007, effective September 18, 200722

(D.C. Law 17-20; D.C. Official Code 1-1431 et seq.), is amended as follows:23

(a) Section 1002 (D.C. Official Code 1-1431) is amended by repealing paragraphs (1),24

(2), (5), and (6).25

(b) Section 1004 (D.C. Official Code 1-1433) is amended to read as follows:26

"Sec. 1004. Technology Infrastructure Services Support Fund.27


13/166

13

"(a) There is established as a special fund the Technology Infrastructure Services Support1

Fund ("Fund"), which shall be administered by the Chief Technology Officer in accordance with2

subsection (c) of this section.3

"(b) The Fund shall consist of the revenue from payments by independent District4

government agencies and federal agencies for services provided by the Office of the Chief5

Technology Officer in accordance with subsection (c) of this section.6

"(c) The Fund shall be used solely to defray operational costs of programs of the Office7

of the Chief Technology Officer, other than the DC-Net program, that the Chief Technology8

Officer shall designate based on the use of such programs to provide services to independent9

agencies of the District and agencies of the federal government.10

"(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the11

unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal12

year, or at any other time.13

"(2) Subject to authorization by Congress, any funds appropriated in the Fund14

shall be continually available without regard to fiscal year limitation.".15

SUBTITLE F. EASTERN MARKET JURISDICTION CLARIFICATION16


This subtitle may be cited as the "Eastern Market Jurisdiction Clarification Amendment18

Act of 2013".19

Sec. 1052. The Eastern Market Real Property Asset Management and Outdoor Vending20

Act of 1998, effective April 16, 1999 (D.C. Law 12-228; D.C. Official Code 37-101 et seq.), is21

amended as follows:22

(a) Section 2 (D.C. Official Code 37-101) is amended as follows:23


"(12) "Eastern Market Special Use Area" means:25

"(A) Eastern Market Square, including the North Hall Plaza;26

"(B) The Capitol Hill Natatorium Plaza;27


14/166

14

"(C) The playground and parking lot of Hine Junior High School, as of the1

effective date of the Eastern Market Jurisdiction Clarification Amendment Act of 2013, until2

commencement of construction with respect to new development on the Hine Junior High3

School site;4

"(D) 7th Street, S.E., between North Carolina Avenue, S.E., and5

Pennsylvania Avenue, S.E., including the area between the curb and near edge of the sidewalk6

on both the east and west sides of the street and excluding the area between the property line and7

far edge of the sidewalk on both sides of the street;8

"(E) The new C Street, S.E., to be constructed between 7th and 8th Streets,9

S.E., including the area between the curb and near edge of the sidewalk on both the north and10

south sides of the street and excluding the area between the property line and the far edge of the11

sidewalk on both sides of the street; and12

"(F) Other privately owned or controlled lands or buildings that are13

directly adjacent to the area defined in subparagraphs (A), (B), (C), and (D) of this paragraph,14

each being subject to a lease or management agreement between the market manager and such15

owner or controlling entity, and for durations and under conditions defined in the lease or16

management agreements.".17


"(21) "Market manager" means a person or persons, having experience relevant to19

operating an historic urban fresh food or farmers' market, employed to provide unified and20

coordinated management for the Eastern Market Square and Eastern Market Special Use Area.".21

SUBTITLE G. COMMUNITY AFFAIRS GRANT-MAKING AUTHORITY22


This subtitle may be cited as the "Community Affairs Grant-Making Authority24

Authorization Amendment Act of 2013".25

Sec. 1062. Section 303(10) of the District of Columbia Latino Community Development26

Act, effective September 29, 1976 (D.C. Law 1-86; D.C. Official Code 2-1313(10)), is27


15/166

15

amended by striking the word "act" and inserting the phrase "act; provided, that grants shall be1

administered pursuant to the requirements set forth in the Grant Administration Act of 2013,2

passed on first reading on May 22, 2013 (subtitle J of title I of Bill 20-199)" in its place.3

Sec. 1063. Section 304(c)(9) of the Office on Asian and Pacific Islander Affairs4

Establishment Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code 2-5

1373(c)(9)), is amended by striking the word "act" and inserting the phrase "act; provided, that6

grants shall be administered pursuant to the requirements set forth in the Grant Administration7

Act of 2013, passed on first reading on May 22, 2013 (subtitle J of title I of Bill 20-199)" in its8

place.9

Sec. 1064. Section 3 of the Office and Commission on African Affairs Act of 2006,10

effective June 8, 2006 (D.C. Law 16-111; D.C. Official Code 2-1392), is amended as follows:11

(a) Paragraph (8) is amended by striking the word "and" at the end.12

(b) Paragraph (9) is amended by striking the period at the end and inserting the phrase ";13

and" in its place.14

(c) A new paragraph (10) is added to read as follows:15

"(10) Issue grants to organizations that provide services to African residents of16

the District in furtherance of the mission of the Office or the purposes of this act; provided, that17


Act of 2013, passed on first reading on May 22, 2013 (subtitle J of title I of Bill 20-199).".19

SUBTITLE H. DISTRICT OF COLUMBIA GOVERNMENT COMPREHENSIVE20

MERIT PERSONNEL21


This subtitle may be cited as the "District of Columbia Government Comprehensive23

Merit Personnel Amendment Act of 2013".24

Sec. 1072. The District of Columbia Government Comprehensive Merit Personnel Act of25

1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code 1-601.01 et seq.), is26



16/166

16

(a) Section 903(9) (D.C. Official Code 1-609.03(9)) is amended by striking the number1

"6" and inserting the number "10" in its place.2

(b) Section 1052 (D.C. Official Code 1-610.52) is amended by added a new subsection3

(b-1) to read as follows:4

"(b-1) Notwithstanding subsections (a) and (b) of this section, the compensation of the5

Chief Medical Examiner ("CME") shall not exceed $253,000 unless approved by an act of the6

Council. The level of compensation as provided in this subsection shall be the total annual7

salary amount that the CME may receive. The CME may not receive longevity pay, bonus pay,8

including performance bonus pay, retention pay, per annum percentage increases for cost-of-9

living purposes or due to any collective bargaining activity within the agency, or any equivalent10

financial incentives or salary enhancements.".11

SUBTITLE I. DISTRICT OF COLUMBIA UNIFORM LAW COMMISSION12


This subtitle may be cited as the "District of Columbia Uniform Law Commission14

Amendment Act of 2013".15

Sec. 1082. Section 4(b) of the District of Columbia Uniform Law Commission Act of16

2010, effective March 12, 2011 (D.C. Law 18-313; D.C. Official Code 3-1433(b)), is amended17

by adding a new paragraph (3) to read as follows:18

"(3) The District may expend funds necessary to cover the costs of19

commissioners' attendance at the annual meeting as required under paragraph (1) of this20

subsection, the annual dues for the NCCUSL, and any other expenses as required.".21

SUBTITLE J. GRANT ADMINISTRATION22


This subtitle may be cited as the "Grant Administration Act of 2013".24




17/166

17

(1) "Grant program" means the management or administration by a grantor of1

grant-making or grant-issuing authority as covered by this act.2

(2) "Grantee" means the person that receives funds under a grant program.3

(3) "Grantor" means a District agency, board, commission, instrumentality, or4

program designated by law as the grant-managing entity for a grant program.5

Sec. 1093. Applicability of requirements on grants.6

Notwithstanding any other provision of law, and except where the law establishing7

authority for the grant exempts or modifies the requirements of this act by specific reference, any8

grant-making or grant-issuing authority established under the Fiscal Year 2014 Budget Support9

Act of 2013, passed on first reading on May 22, 2013 (Bill 20-199), shall be administered10

pursuant to the requirements of this subtitle.11

Sec. 1094. Requirements for award of grants.12

(a) Any grant of $50,000 or more that is made pursuant to an authority described in13

section 1093 shall be awarded on a competitive basis and solely for the purpose or purposes14

identified in the statute establishing the grant-making or grant-issuing authority.15

(b) A grantor shall, before providing notice of the availability of grant funds as required16

by subsection (c) of this section, establish criteria or standards for the selection of a grantee or17

grantees under the grant program, and shall set priorities among those criteria or standards.18

(c) A grantor shall publish notice in the District of Columbia Register for a minimum of19

14 days in advance of making or issuing a grant of the following:20

(1) A detailed description of the availability of grant funds, including the amount,21

the number of likely grant awards to be made, and any limitations or requirements on the use of22

such grant funds;23

(2) Eligibility requirements for receiving funds under the grant program,24

including the requirements in section 1095;25

(3) Selection criteria for the awarding of funds under the grant program;26


18/166

18

(4) A description of the application process under the grant program, including1

the date after which applications will no longer be received; and2

(5) The date that final determination of grant awards will be made.3

Sec. 1095. Requirements for administration of grant programs.4

A grantor administering a grant program covered by this act shall:5

(1) Within 30 days from the closing date of the grant application process, provide6

notification to all applicants of the acceptance or rejection of their application for the grant7

funds; and8

(2)(A) Maintain records of any written communications as well as a description9

of any other communications, including telephonic or face-to-face communications, between the10

grantor and any District government official or staff regarding:11

(i) The development of the selection criteria or eligibility12

requirements;13

(ii) Selection by the grantor of a grantee; or14

(iii) Issues with a grantee's compliance with grant-program15

requirements.16

(B) Records required under this paragraph shall be provided, upon17

request, within a reasonable time, to the Mayor, or his or her designee, or to a member of the18

Council.19

Sec. 1096. Eligibility requirements for receiving grants.20

In addition to any other eligibility requirements provided under the enabling statute of the21

grant program, to be eligible to receive funds under a grant program covered by this act, an22

individual or entity must be current on all taxes and liabilities owed to the District, or have a plan23

to resolve such taxes and liabilities that is satisfactory to the grantor.24

Sec. 1097. Reporting requirements.25

Beginning in 2014, a grantor managing a grant program covered by this act shall submit a26

report to the Mayor and the Council by November 1 of each year, the following information:27


19/166

19

(1) All funds allocated pursuant to a grant program in the previous fiscal year;1

(2) The type of services and a timeline for delivery of services for the grant; and2

(3) Performance measures and performance outcomes for each grant issued3

during the previous fiscal year.4

SUBTITLE K. DISCRETIONARY FUNDS RENAMING5


This subtitle may be cited as the "Discretionary Fund Renaming Act of 2013".7

Sec. 1102. Section 26 of An Act To authorize certain programs and activities of the8

government of the District of Columbia, and for other purposes, approved October 26, 1973 (879

Stat. 509; D.C. Official Code 1-333.10), is amended by adding a new subsection (c) to read as10

follows:11

"(c) This section may be cited as the "Discretionary Funds Act of 1973".".12

TITLE II. ECONOMIC DEVELOPMENT AND REGULATION13

SUBTITLE A. DEPUTY MAYOR FOR PLANNING AND ECONOMIC14

DEVELOPMENT LIMITED GRANT-MAKING AUTHORITY15


This subtitle may be cited as the "Deputy Mayor for Planning and Economic17

Development Limited Grant-Making Authority Amendment Act of 2013".18

Sec. 2002. The Deputy Mayor for Planning and Economic Development Limited Grant-19

Making Authority Act of 2012, effective September 20, 2012 (D.C. Law 19-168; codified in20

scattered cites in the D.C. Official Code), is amended as follows:21

(a) Section 2032 (D.C. Official Code 1-328.04) is amended as follows:22

(1) Subsection (a) is amended as follows:23

(A) Paragraph (2) is amended by striking the phrase "project;" and24

inserting the phrase "project; and" in its place.25

(B) Paragraph (3) is repealed.26


20/166

20

(2) A new subsection (b-1) is added to read as follows:1

"(b-1)(1) The Deputy Mayor may make grants for fiscal year 2014 as follows:2

"(A) An amount of $100,000 for sector consultants;3

"(B) An amount of $350,000 for local business promotion;4

"(C) An amount of $75,000 for regional economic development; and5

"(D) An amount of $50,000 for increasing access to financial services and6

products to unbanked and under-banked residents.7

"(2) Grants made pursuant to this subsection shall be administered pursuant to the8

requirements set forth in the Grant Administration Act of 2013, passed on first reading on May9

22, 2013 (subtitle J of title I of Bill 20-199).".10

(b) Section 2033 (D.C. Official Code 1-325.211) is amended as follows:11

(1) Subsection (a) is amended by striking the phrase "Deputy Mayor for Planning12

and Economic Development" and inserting the phrase "Commission on Arts and Humanities" in13

its place.14

(2) Subsection (b)(1) is amended as follows:15

(A) Subparagraph (A) is amended by striking the word "and".16

(B) Subparagraph (B) is amended by striking the period and inserting the17

phrase "; and" in its place.18

(C) A new subparagraph (C) is added to read as follows:19

"(C) An annual appropriation of $107,000.".20

(3) A new subsection (d) is added to read as follows:21

"(d) The Commission on Arts and Humanities is authorized to make grants for the22

purposes described in this section. Grants made under this subsection shall be administered23

pursuant to the requirements set forth in the Grant Administration Act of 2013, passed on first24

reading on May 22, 2013 (subtitle J of title I of Bill 20-199).".25

Sec. 2003. Section 5 of the Commission on Arts and Humanities Act, effective October26

21, 1975 (D.C. Law 1-22; D.C. Official Code 39-204), is amended as follows:27


21/166

21

(a) A new paragraph (3A) is added to read as follows:1

"(3A) Make grants to neighborhood or civic associations for the purpose of2

providing funds for parades, festivals, and any other celebrations sponsored by a neighborhood3

or civic association in accordance with section 2033(c) of the Deputy Mayor for Planning and4

Economic Development Limited Grant-Making Authority Act of 2012, effective September 20,5

2012 (D.C. Law 19-168; D.C. Official Code 1-325.211(c)).".6

(b) Paragraph (5)(C) is amended by striking the phrase "in the Fund" and inserting the7

phrase "in the Fund or in the Neighborhood Parade and Festival Fund, established by section8

2033 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making9

Authority Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code 1-10

325.211), if the donation, gift, or grant is designated to be used for a parade, festival, or any other11

celebration sponsored by a neighborhood or civic association" in its place.12

SUBTITLE B. WORKFORCE INVESTMENT COUNCIL AND WORKFORCE13

INTERMEDIARY GRANT-MAKING AUTHORITY14


This subtitle may be cited as the "Workforce Investment Council and Workforce16

Intermediary Grant -Making Amendment Authority Act of 2013".17

Sec. 2012. Section 4 of the Workforce Investment Implementation Act of 2000, effective18

July 18, 2000 (D.C. Law 13-150; D.C. Official Code 32-1603), is amended by adding new19

subsections (c)and (d) to read as follows:20

"(c) The Council shall have grant-making authority for the purpose of providing21

competitive grants under the authority granted to the Council by this act; provided, that grants22

shall be administered pursuant to the requirements set forth in the Grant Administration Act of23

2013, passed on first reading on May 22, 2013 (subtitle J of title I of Bill 20-199).24

"(d) The Council shall have grant-making authority for the purpose of providing25

competitive grants based on the recommendations of the Workforce Intermediary Task Force,26

pursuant to the Workforce Intermediary Task Force Establishment Temporary Act of 2011,27


22/166

22

effective December 2, 2011 (D.C. Law 19-414; 58 DCR 8962), approved by the Council of the1

District of Columbia, the Workforce Intermediary Task Force Recommendations Emergency2

Approval Resolution of 2012, effective June 5, 2012 (Res. 19-454; 59 DCR 7454); provided, that3


Act of 2013, passed on first reading on May 22, 2013 (subtitle J of title I of Bill 20-199).".5

SUBTITLE C. UNEMPLOYMENT COMPENSATION ANTI-FRAUD FEDERAL6

CONFORMITY7


This subtitle may be cited as the "Unemployment Compensation Anti-Fraud Federal9

Conformity Amendment Act of 2013".10

Sec. 2022. Section 19(e) of the District of Columbia Unemployment Compensation Act,11

approved August 28, 1935 (49 Stat. 946; D.C. Official Code 51-119(e)), is amended by adding12

a new paragraph (3) to read as follows:13

"(3) Beginning on October 1, 2013, at the time the Director determines an14

erroneous payment was made to an individual due to fraud committed by such individual, the15

Director shall assess a penalty on the individual in an amount of 15% of the amount of the16

erroneous payment. Penalties paid pursuant to this paragraph shall be deposited in the District17

Unemployment Fund, established by section 2. The penalty assessed by this paragraph shall not18

be deducted from any future benefits payable to claimant under this act.".19

SUBTITLE D. UNEMPLOYMENT COMPENSATION PENALTY REDUCTION20


This subtitle may be cited as the "Unemployment Compensation Penalty Reduction22


Sec. 2032. Section 4(c)(2) of the District of Columbia Unemployment Compensation24

Act, approved August 28, 1935 (49 Stat. 948; D.C. Official Code 51-104(c)(2)), is amended by25

striking the number "25" and inserting the number "10" in its place.26


23/166

23

SUBTITLE E. UNEMPLOYMENT COMPENSATION BENEFITS CHANGES1

FEDERAL CONFORMITY2


This subtitle may be cited as the "Unemployment Compensation Benefit Charges Federal4

Conformity Amendment Act of 2013".5

Sec. 2042. Section 3(c)(2) of the District of Columbia Unemployment Compensation6

Act, approved August 28, 1935 (49 Stat. 947; D.C. Official Code 51-103(c)(2)), is amended7

by adding a new subparagraph (F) to read as follows:8

"(F) Commencing with overpayments of benefits established after9

September 30, 2013, no employer shall be relieved of benefit charges for payments made from10

the District Unemployment Fund if the charges resulted from benefit payments made because the11

employer or the employer's agent was at fault for failing to respond timely or adequately to the12

request of the Director for information relating to the claim for benefits and the employer or13

agent has established a pattern of failing to respond timely or adequately to such requests unless14

the Director finds such failure was for good cause.".15

SUBTITLE F. WORKERS' COMPENSATION AVERAGE WEEKLY WAGE16

CALCULATION ALIGNMENT17


This subtitle may be cited as the "Workers' Compensation Average Weekly Wage19

Calculation Alignment Amendment Act of 2013".20

Sec. 2052. Section 6(d) of the District of Columbia Workers' Compensation Act of 1979,21

effective July 1, 1980 (D.C. Law 3-77; D. C. Official Code 32-1505(d)), is amended to read as22

follows:23

"(d) For the purposes of this section, the average weekly wage of insured employees in24

the District shall be determined by the Mayor as follows:25

"(1) For the calendar year 2013, the average weekly wage rate is set at $1,416.00.26


24/166

24

"(2) For years commencing after January 1, 2013, on or before November 1st of1

each preceding year, the total wages reported on contribution reports for employees, excluding2

employees of the District government and the United States government, to the Department of3

Employment Services for the year ending on the preceding June 30th shall be divided by the4

average number of such employees (determined by dividing the sum of total employees reported5

in each quarter for the preceding year, excluding employees of the District government and the6

United States government, by 4). The average annual wage thus obtained shall be divided by 527

and the average weekly wage thus determined rounded to the nearest cent. The average weekly8

wage as so determined shall be applicable for the year beginning the following January 1".9

SUBTITLE G. WAGE THEFT PREVENTION10


This subtitle may be cited as the "Wage Theft Prevention Amendment Act of 2013".12

Sec. 2062. An Act to provide for the payment and collection of wages in the District of13

Columbia, approved August 3, 1956 (70 Stat. 976; D.C. Official Code 32-1301 et seq.), is14


(a) Section 1(3) (D.C. Official Code 32-1301(3)) is amended to read as follows:16

"(3) "Wages" means all monetary compensation after lawful deductions, owed by17

an employer, whether the amount owed is determined on a time, task, piece, commission, or18

other basis of calculation. The term "wages" includes a:19

"(A) Bonus;20

"(B) Commission;21

"(C) Fringe benefits paid in cash;22

"(D) Overtime premium; and23

"(E) Other remuneration promised or owed:24

"(i) Pursuant to a contract for employment, whether written or oral;25

"(ii) Pursuant to a contract between an employer and another26

person or entity; or27


25/166

25

"(iii) Pursuant to District or federal law.".1

(b) Section 3(4) (D.C. Official Code 32-1303(4)) is amended by striking the phrase2

"equal to the unpaid wages" and inserting the phrase "equal to double the unpaid wages" in its3

place.4

(c) Section 5 (D.C. Official Code 32-1305) is amended as follows:5

(1) The existing language is designated as subsection (a).6

(2) A new subsection (b) is added to read as follows:7

"(b) In enforcing the provisions of this act, the Mayor shall presume that the wages8

promised by an employer to an employee to be at least the amount required by federal law,9

including federal laws requiring the payment of prevailing wages, or by District law.".10

(d) Section 6(a) (D.C. Official Code 32-1306(a)) is amended as follows:11

(1) Strike the phrase "for penalties" and insert the phrase "for the payment of12

wages, liquidated damages, and penalties" in its place.13

(2) A new sentence is added to the end to read as follows: "The Mayor shall14

inform any employee affected by a prosecution brought under this section of the proceedings of15

the prosecution and shall consult with the employee concerning appropriate restitution and16

damages.".17

Sec. 2063. Section 13(f) of the Minimum Wage Act Revision Act of 1992, effective18

March 25, 1993 (D.C. Law 19-248; D.C. Official Code 32-1012(f)), is amended by striking the19

phrase "wages owed" and inserting the phrase "wages and liquidated damages owed" in its place.20

Sec. 2064. Section 108 of the Living Wage Act of 2006, effective June 8, 2006 (D.C.21

Law 16-118; D.C. Official Code 2-220.08), is amended as follows:22

(a) Strike the phrase "wages required" and insert the phrase "wages, enforcement of non-23

payment, and penalties and remedies for non-payment required" in its place.24

(b) A new sentence is added to the end to read as follows: "Failure to pay wages in25

conformance with this act shall constitute unpaid wages and shall subject the violator to all26

procedures, liquidated damages and penalties, and any other remedies or relief applicable under27


26/166

26

An Act To provide for the payment and collection of wages in the District of Columbia,1

approved August 3, 1956 (70 Stat. 976; D.C. Official Code 32-1301 et seq.).".2

SUBTITLE H. HOUSING PRODUCTION TRUST FUND REVENUE3

DEDICATION4


This subtitle may be cited as the "Housing Production Trust Fund Revenue Dedication6


Sec. 2072. Section 2072 of the Fiscal Year 2013 Budget Support Act of 2012, effective8

September 20, 2012 (D.C. Law 19-168; 59 DCR 8025), is repealed.9

SUBTITLE I. SENIOR HOUSING MODERNIZATION GRANT FUND10


This subtitle may be cited as the "Senior Housing Modernization Grant Fund Amendment12

Act of 2013".13

Sec. 2082. The Senior Housing Modernization Grant Fund Act of 2010, effective August14

12, 2010 (D.C. Law 18-218; D.C. Official Code 1-325.161 et seq.), is amended as follows:15

(a) Section 2(1) (D.C. Official Code 1-325.161(1)) is amended to read as follows:16

"(1) "Director" means the Director of the Department of Housing and Community17

Development.".18

(b) Section 3(b) (D.C. Official Code 1-325.162(b)) is amended as follows:19

(1) Strike the phrase "Deputy Mayor" and insert the word "Director" in its place.20

(2) Strike the phrase "$5,000" and insert the phrase "$20,000" in its place.21

(3) Add the following sentence at the end: "Administration of grants from the22

Fund shall be exempt from the requirements set forth in the Grant Administration Act of 2013,23

passed on first reading on May 22, 2013 (subtitle J of title I of Bill 20-199).".24

(c) Section 4 (D.C. Official Code 1-325.163) is amended as follows:25

(1) Subsection (a) is amended to read as follows:26


27/166

27

"(a) An applicant is eligible for a grant if the applicant is a qualified senior citizen;1

provided, that the Director shall give priority consideration to lower-income applicants.".2

(2) Strike the term "Deputy Mayor" wherever it appears and insert the term3

"Director" in its place.4

(d) Section 5 (D.C. Official Code 1-325.164) is amended by striking the phrase5

"provisions of this act" and inserting the phrase "provisions of this act within 60 days of the6

effective date of the Senior Housing Modernization Grant Fund Amendment Act of 2013" in its7

place.8

SUBTITLE J. LOCAL RENT SUPPLEMENT SUSTAINMENT9

Sec. 2091. This subtitle may be cited as the "Local Rent Supplement Sustainment10


Sec. 2092. Section 26c of the District of Columbia Housing Authority Act of 1999,12

effective March 2, 2007 (D.C. Law 16-192; D.C. Official Code 6-228), is amended by adding a13

new subsection (c) to read as follows:14

"(c) As vouchers authorized under this section become vacant, they shall be reissued in15

accordance with the provisions of this section.".16

Sec. 2093. The Homeless Services Reform Act of 2005, effective October 22, 200517

(D.C. Law 16-35; D.C. Official Code 4-751.01 et seq.), is amended by adding a new section 8c18

to reads as follows:19

"Sec. 8c. Placement of first priority homeless families for the hypothermia season.20

"The Mayor and the District of Columbia Housing Authority shall fill vacant Rent21

Supplement Program tenant-based vouchers, established by section 26c of the District of22

Columbia Housing Authority Act of 1999, effective March 2, 2007 (D.C. Law 16-192; D.C.23

Official Code 6-228), with homeless families referred by the Department of Human Services24

and determined to have first priority to shelter pursuant to 29 DCMR 2508.01(a)(1), through25

the end of the 2013-2014 hypothermia season. The referrals shall be made in accordance with the26

special eligibility criteria set forth in 29 DCMR 2556 through 29 DCMR 2558.".27


28/166

28

SUBTITLE K. WALTER REED ARMY MEDICAL CENTER COMMUNITY1

ADVISORY COMMITTEE2

Sec. 2101. This subtitle may be cited as the "Walter Reed Army Medical Center3

Community Advisory Committee Amendment Act of 2013".4

Sec. 2102. The Walter Reed Army Medical Center Base Realignment and Closure5

Homeless Assistance Submission Approval Act of 2012, effective October 16, 2012 (D.C. Law6

19-175; D.C. Official Code 10-1901 et seq.), is amended by adding a new section 6a to read as7

follows:8

"Sec. 6a. Establishment of advisory committee.9

"(a) There is established a Walter Reed Army Medical Center Site Reuse Advisory10

Committee ("Committee").11

"(b)(1) The Committee shall consist of the following 9 members:12

"(A) The Master Developer or the Master Developer's designee;13

"(B) The Deputy Mayor for Planning and Economic Development or the14

Deputy Mayor's designee;15

"(C) The Chairman of the Council or the Chairman's designee;16

"(D) The Councilmember from Ward 4 or the Councilmember's designee;17

"(E) Three community members, appointed by the Mayor, one member18

each from the Brightwood, Shepherd Park, and Takoma communities;19

"(F) One member of ANC4A chosen by ANC4A; and20

"(G) One member of ANC4B chosen by ANC4B.21

"(2) Members of the Committee appointed pursuant to sub-paragraph (1)(E) of22

this subsection shall have expertise in economic development, public safety, law, transportation,23

affirmative action, or local community issues.24

"(3) Each member of the Committee shall be a District resident.25

"(4) The Chairperson of the Committee shall be designated by the Mayor.26

"(5) Members shall serve without compensation.27


29/166

29

"(6) Members shall serve until replaced by their appointing authority.1

"(c) The Committee shall advise the LRA and Master Developer with respect to the2

following:3

"(1) The needs of the community, including providing retail uses that are4

accessible to the community that serve the needs of both the community and visitors to the5

Walter Reed Army Medical Center Site, and adequate security in and around the Walter Reed6

Army Medical Center Site;7

"(2) Parking issues, including parking for persons using or employed at the Walter8

Reed Army Medical Center Site and the prevention of parking in the surrounding neighborhoods9

by non-residents of those neighborhoods;10

"(3) Transportation issues, including:11

"(A) Proposals for directing traffic to and from the Walter Reed Army12

Medical Center Site away from the surrounding residential streets;13

"(B) Providing a method of truck staging to minimize any adverse impact14

on the surrounding neighborhoods;15

"(C) Restricting the parking of trucks, trailers, and buses at the Walter16

Reed Medical Center Site or other areas outside of the area surrounding the Walter Reed Medical17

Center Site; and18

"(D) Providing adequate pull-off areas for taxicabs, buses, and shuttles;19

"(4) Economic-development opportunities that may be created for surrounding20

neighborhoods as a result of the reuse of the Walter Reed Army Medical Center Site;21

"(5) The development of environmental guidelines, including the mitigation of22

adverse noise and air-quality impacts;23

"(6) Any request for proposal or contract modification for economic-24

development projects, streetscape or pedestrian movement projects, and transportation or parking25

projects; and26


30/166

30

"(7) Other issues directly related to the operation or redevelopment or reuse of the1

Walter Reed Army Medical Center Site that are likely to have an impact on the community.2

"(d) A quorum of the Committee shall meet at least 6 times per year.3

"(e) For purposes of this section, the term "Master Developer" means the real-estate-4

development team selected by the Walter Reed LRA to implement the Walter Reed Reuse Plan.5

"(f) This section shall sunset as of December 31, 2017.".6

SUBTITLE L. FOSTER YOUTH TRANSIT SUBSIDY7

Sec. 2111. This subtitle may be cited as the "Foster Youth Transit Subsidy Amendment8

Act of 2013".9

Sec. 2112. Section 2 of the School Transit Subsidy Act of 1978, effective March 3, 197910

(D.C. Law 2-152; D.C. Official Code 35-233), is amended as follows:11

(a) Subsection (c) is amended as follows:12

(1) Paragraph (2) is amended by striking the semicolon and inserting the phrase13

"; and" in its place.14

(2) Paragraph (3) is amended by striking the phrase "; and" and inserting a period15

in its place.16

(3) Paragraph (4) is repealed.17

(b) A new subsection (f) is added to read as follows:18

"(f)(1) Youth in the District's foster care system shall be eligible for a foster-youth19

transit-subsidy program ("Program") as established by the Mayor until they reach 21 years of20

age.21

"(2) The Program shall allow qualified foster youth to travel on Metrobus,22

Metrorail, and public transportation services offered by the District at subsidized or reduced23

fares.24

"(3) The subsidized or reduced foster-youth fare set forth in this subsection shall25

be valid only for the transportation of foster youth for educational or employment purposes.".26

SUBTITLE M. HOUSING PRODUCTION TRUST FUND SECURITIZATION27


31/166

31


This subtitle may be cited as the "Housing Production Trust Fund Securitization2


Sec. 2122. The Housing Production Trust Fund Act of 1988, effective March 16, 19894

(D.C. Law 7-202; D.C. Official Code 42-2801 et seq.), is amended as follows:5

(a) Section 3(b-2) (D.C. Official Code 42-2802(b-2)) is repealed.6

(b) Section 203 (D.C. Official Code 42-2812.03) is amended by adding a new7

subsection (e) to read as follows:8

"(e) After May 1, 2013, the Housing Production Trust Fund established pursuant to9

section 3 may not be used to support the new issuance of bonds under subsection (a) of this10

section.".11

SUBTITLE N. AFRICAN-AMERICAN CIVIL WAR MEMORIAL FREEDOM12

FOUNDATION INC. MUSEUM DEVELOPMENT13


This subtitle may be cited as the "African-American Civil War Memorial Freedom15

Foundation Inc., Museum Development Act of 2013".16

Sec. 2132. Grimke School covenant.17

(a) Notwithstanding any rule, regulation, or other law to the contrary, the District may not18

convey, exchange, lease, sell, transfer, or otherwise dispose to any person of the real property19

located at 1925 Vermont Avenue, N.W., known for tax and assessment purposes as Lot 0827,20

Square 0361 ("the Grimke School"), unless the District places a covenant that provides for the21

exclusive use, renovation, and expansion of a space of not less than 10,000 square feet for the22

establishment and operation of the African-American Civil War Memorial Museum and Visitor's23

Center.24

(b) The covenant required under this section shall:25

(1) Be binding upon the person and the person's heirs, successors, and assigns,26

and upon occupiers or users of the Grimke School;27


32/166

32

(2) Run with the land both as to benefit and as to burden; and1

(3) Run with the land in perpetuity.2

Sec. 2133. Restriction on disposal.3

The Mayor may not transmit, pursuant to section 1 of An Act Authorizing the sale of4

certain real estate in the District of Columbia no longer required for public purposes, approved5

August 5, 1939 (53 Stat. 1211; D.C. Official Code 10-801), or otherwise, any disposition of the6

Grimke School that does not include a provision that ensures that exclusive use, renovation, and7

expansion of a space not less than 10,000 square feet for the establishment and operation of an8

African American Civil War Memorial Museum and Visitor's Center.9

SUBTITLE O. NOMA PARKS GRANT AUTHORIZATION10


This subtitle may be cited as the "NoMa Parks Grant Authorization Act of 2013".12

Sec. 2142. Grant for NoMa Public Parks authorized.13

(a) The Director of the Department of General Services ("DGS") may issue grants to the14

NoMa BID, the NoMa Parks Foundation, or a related Friends of NoMa Parks organization to15

acquire land and build public parks and public space in accordance to the NoMa Public Realm16

Design Plan from the funds made available to DGS.17

(b) Notwithstanding the provisions of D.C. Official Code 47-368.06, grants may be18

issued pursuant to this section through use of an intra-District transfer, a memorandum of19

understanding, or a reprogramming from an agency lacking grant-making authority.20

(c) This subtitle shall be administered pursuant to the requirements set forth in the Grant21

Administration Act of 2013, passed on first reading on May 22, 2013 (subtitle J of Title I of Bill22

20-199).23

TITLE III. PUBLIC SAFETY AND JUSTICE24

SUBTITLE A. DEPARTMENT OF CORRECTIONS CENTRAL CELLBLOCK25

MANAGEMENT26


33/166

33


This subtitle may be cited as the "Department of Corrections Central Cellblock2

Management Amendment Act of 2013".3

Sec. 3002. Section 2 of An Act To create a Department of Corrections in the District of4

Columbia, approved June 27, 1946 (60 Stat. 320; D.C. Official Code 24-211.02), is amended5

by adding a new subsection (a-1) to reads as follows:6

"(a-1)(1) The Department of Corrections shall have charge of the management and7

operation of the Central Cellblock, located at 300 Indiana Avenue, N.W., Washington, D.C., and8

shall be responsible for the safekeeping, care, and protection of all persons detained at the9

Central Cellblock, by the Metropolitan Police Department, before their initial court appearance.10

"(2) Nothing in this subsection shall be construed as:11

"(A) Removing any authority from the Metropolitan Police Department to12

determine where to hold in custody any person arrested and awaiting an initial court appearance;13

"(B) Granting any arrest powers to any employee of the Department of14

Corrections performing any duty at the Central Cellblock; or15

"(C) Limiting any powers or authority of the Metropolitan Police16

Department or the Department of Corrections.".17

Sec. 3003. Transfers.18

All property, records, unexpended balances of appropriations, allocations, and other19

funds required for the management and operation of the Central Cellblock at 300 Indiana20

Avenue, N.W., Washington, D.C. are hereby transferred from the Metropolitan Police21

Department to the Department of Corrections.22

SUBTITLE B. SECURITY LICENSE STREAMLINING23


This subtitle may be cited the "Security Licensing Streamlining Act of 2013".25

Sec. 3012. Chapter 28 of Title 47 of the District of Columbia Official Code is amended26

as follows:27


34/166

34

(a) Section 47-2839 is amended by adding a new subsection (g) to read as follows:1

"(g) All license fees collected pursuant to this section shall be deposited into the2

Occupations and Professions Licensing Special Account established pursuant to 47-2853.11.".3

(b) Section 47-2839.01 is amended by adding a new subsection (f) to read as follows:4

"(f) All license fees collected pursuant to this section shall be deposited into the5

Occupations and Professions Licensing Special Account established pursuant to 47-2853.11.".6

(c) Section 47-2853.11 is amended as follows:7

(1) Subsection (a) is amended by striking the phrase "identified in this8

subchapter" and inserting the phrase "identified in 47-2839 and 47-2839.01, and this9

subchapter" in its place.10

(2) Subsection (c) is amended by striking the phrase "this subchapter" wherever it11

appears and inserting the phrase " 47-2839 and 47-2839.01, and this subchapter" in its place.12

(3) Subsection (d) is amended by striking the phrase "this subchapter" and13

inserting the phrase " 47-2839 and 47-2839.01, and this subchapter" in its place.14

SUBTITLE C. AUTOMATED TRAFFIC ENFORCEMENT ENHANCEMENT15


This subtitle may be cited as the "Automated Traffic Enforcement Enhancement17


Sec. 3022. Section 604c(2) of the Emergency and Non-Emergency Number Telephone19

Calling Systems Fund Act of 2000, effective September 20, 2012 (D.C. Law 19-168; D.C.20

Official Code 34-1803.03(2)), is amended to read as follows:21

"(2) From fines paid due to automated photo enforcement in any one fiscal year:22

"(A) Aggregate revenues in excess of $105,791,000 in fiscal year 2013;23

"(B) Aggregate revenues in excess of $141,348,000 in fiscal year 2014;24

"(C) Aggregate revenues in excess of $155,812,000 in fiscal year 2015;25

and26


35/166

35

"(D) Aggregate revenues in excess of $148,020,000 in fiscal year 2016;1

and2

"(E) Aggregate revenues in excess of $140,618,000 in fiscal year 20173

and in each fiscal year thereafter.".4

SUBTITLE D. DOMESTIC VIOLENCE HOTLINE ESTABLISHMENT5


This act may be cited as the "Domestic Violence Hotline Establishment Act of 2013".7



(1) "Domestic violence" means a pattern of abusive behavior in any relationship10

that is used by one partner to gain or maintain power and control over another intimate partner,11

dating partner, or family member. Domestic violence includes physical, sexual, emotional,12

economic, or psychological actions or threats of actions that influence another person. This13

consists of any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize,14

coerce, threaten, blame, hurt, injure, or wound someone.15

(2) "Domestic violence counselor" shall have the same meaning as provided in16

D.C. Official Code 14-310(a)(2).17

(3) "Domestic violence program" shall have the same meaning as provided in18

D.C. Official Code 14-310(a)(3).19

(4) "Hotline" means the Domestic Violence Hotline program established by20

section 3033.21

(5) "Office" means the Office of Victim Services, established by Mayor's Order22

2004-119, issued July 19, 2004 (51 DCR 7997).23

Sec. 3033. Domestic Violence Hotline.24

(a) The Office shall establish the Domestic Violence Hotline to provide assistance for25

victims and potential victims of domestic violence beginning October 1, 2014.26

(b)(1) The Hotline shall:27


36/166

36

(A) Be operated by a domestic violence program funded and supported by1

the Office;2

(B) Provide a direct toll-free number that accepts calls and text messages;3

(C) Be directly available to callers, without an intermediary agency;4

(D) Be available on a 24-hour basis;5

(E) Provide live assistance by domestic violence counselors; and6

(F) Offer anonymity and confidentiality to enable a victim or a friend or7

family member of a victim to seek support without giving their legal name.8

(2) The requirements of paragraph (1)(F) of this subsection shall not be construed9

to limit or supersede any mandatory reporting requirements under District law.10

(c) The Office shall develop and implement an outreach campaign to educate District11

residents about the Hotline.12

Sec. 3034. Task Force.13

(a) Beginning October 1, 2013, the Office shall establish a taskforce to:14

(1) Assess staff and technology needs of the Hotline; and15

(2) Develop mechanisms for administration of the Hotline; and16

(3) Develop standards that coincide with the standards used by the existing17

domestic violence first responder line.18

(b) The taskforce shall include representatives from the D.C. Coalition Against Domestic19

Violence, governmental victim services programs, and domestic violence programs.20

(c) By January 30, 2014, the taskforce shall transmit to the Office and to the Office of the21

Secretary to the Council a report that includes the assessments and developments completed22

pursuant to subsection (a) of this section.23

SUBTITLE E. JUVENILE WORKING GROUP ESTABLISHMENT24


This subtitle may be cited as the "Alternatives to Juvenile Arrest and Secured Detention26

Working Group Establishment Act of 2013".27


37/166

37

Sec. 3042. Alternatives to Juvenile Arrest and Secured Detention Working Group1

establishment.2

(a) There is established an Alternatives to Juvenile Arrest and Secured Detention3

Working Group ("Working Group").4

(b) The Working Group shall be convened by the following:5

(1) The Attorney General for the District of Columbia; and6

(2) The City Administrator.7

(c) The Working Group shall include the following members or their designees:8

(1) The Chief of Police;9

(2) The Director of the Child and Family Services Agency;10

(3) The Director of the Department of Behavioral Health;11

(4) The Chancellor of the District of Columbia Public Schools;12

(5) Director, Department of Youth Rehabilitation Services;13

(6) The Executive Director of the District of Columbia Public Charter School14

Board;15

(7) The Chief of the District of Columbia Public Schools Patrol Services Division;16

(8) The Executive Director of the Criminal Justice Coordinating Council;17

(9) The Chairperson of the Council Committee on the Judiciary and Public Safety;18

(10) The Chairperson of the Council Committee on Human Services; and19

(11) Representatives from public agencies, community-based, nonprofit20

organizations, and educational institutions that represent court-involved youth in delinquency21

matters in the District or conduct research on local juvenile justice issues.22

(d) The Working Group shall invite the Chief Judge of the Family Court of the Superior23

Court of the District of Columbia or his designee to participate.24

Sec. 3043. Responsibilities of working group.25

The Working Group shall:26


38/166

38

(1) Review data regarding juvenile arrests in the District from at least January1

2011 to present as the basis for its review, analysis, and recommendations. The juvenile arrest2

data review should also include a review of the number and type of arrests made that arise from3

school-based or school-related incidents;4

(2) Review data regarding the Youth Services Center population from at least5

January 2011 to present as the basis for its review, analysis, and recommendations;6

(3) Develop and propose a differential response policy, program, and budget for7

juvenile arrests with the goal of diverting more youth from arrest, prosecution, overnight8

detention, or pre-trial detention. In doing so, the group shall consider the policies and practices of9

the Annie E. Casey Foundation's Juvenile Detention Alternative Initiatives and other innovative10

programs, such as the Florida Juvenile Civil Citation program, that are consistent with positive11

public safety and youth development outcomes; and12

(4) Review policies guiding the detention of probation violators and assessment of13

youth posing a public-safety risk or risk to himself or herself.14

Sec. 3044. Report.15

No later than February 28, 2014, the Working Group shall submit a report to the Mayor16

and the Council that includes recommendations for diversion and detention-policy changes,17

practices, and proposed budget.18

Sec. 3045. Expiration.19

This subtitle shall expire 30 days after the submission of the report required by section20

3044.21

SUBTITLE F. FIRE AND EMERGENCY MEDICAL SERVICES OVERTIME22

LIMITATION23


This subtitle may be cited as the "Fire and Emergency Medical Services Overtime25

Limitation Amendment Act of 2013".26


39/166

39

Sec. 3062. Section 1103(f) of the District of Columbia Government Comprehensive1

Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code2

1-611.03(f)), is amended as follows:3

(a) Paragraph (2)(B) is amended as follows:4

(1) Strike the phrase "2012, and 2013" and insert the phrase "2012, 2013, and5

2014" in its place.6

(2) Strike the phrase "Battalion Fire Chief and above in the Firefighting Division"7

and insert the phrase "Deputy Fire Chief and above in the Firefighting Division" in its place.8

(b) Paragraph (4)(A) is amended by striking the phrase "2012, and 2013" and inserting9

the phrase "2012, 2013, and 2014" in its place.10

Sec. 3063. Section 2 of An Act To amend the Act entitled "An Act to classify the officers11

and members of the Fire Department of the District of Columbia, and for other purposes",12

approved June 20, 1906, and for other purposes, approved June 19, 1948 (62 Stat. 498; D.C.13

Official Code 5-405), is amended as follows:14

(a) Subsection (f) is amended as follows:15

(1) Designate the existing text as paragraph (1).16

(2) The newly designated paragraph (1) is amended by striking the phrase "2012,17

and 2013" and insert the phrase "2012, 2013, and 2014" in its place.18

(3) A new paragraph (2) is added to read as follows:19

"(2) For the purposes of this subsection, the computation of hours shall not20

include annual leave or sick leave utilized by the member.".21

(b) Subsection (g) is repealed.22

Sec. 3064. Section 202(c) of the Omnibus Public Safety Agency Reform Amendment Act23

of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code 5-441(c)), is24

amended by striking the phrase "2012, and 2013" and inserting the phrase "2012, 2013, and25

2014" in its place.26

SUBTITLE G. RETURNING CITIZENS CLARIFICATION27


40/166

40


This subtitle may be cited as the "Returning Citizens Renaming Amendment Act of2

2013".3

Sec. 3062. The Office on Ex-Offender Affairs and Commission on Re-Entry and Ex-4

Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; 24-5

1301 et seq.), is amended as follows:6

(a) Section 2 (D.C. Official Code 24-1301) is amended as follows:7

(1) Paragraph (1) is amended by striking the phrase "Commission on Re-entry and8

Ex- Offender Affairs" and inserting the phrase "Commission on Re-Entry and Returning Citizen9

Affairs" in its place.10

(2) Paragraphs (2) and (4) are amended by striking the phrase "Office on Ex-11

Offender Affairs" and inserting the phrase "Office on Returning Citizen Affairs" in its place.12

(b) Section 3 (D.C. Official Code 24-1302) is amended as follows:13

(1) The heading and subsection (a) are amended by striking the phrase "Office on14

Ex-Offender Affairs" and inserting the phrase "Office on Returning Citizen Affairs" in its place.15

(2) Strike the phrase "ex-offenders" wherever it appears and insert the phrase16

"returning citizens" in its place.17

(c) Section 4 (D.C. Official Code 24-1303) is amended as follows:18

(1) The heading is amended by striking the phrase "Commission on Re-Entry and19

Ex-Offender Affairs" and inserting the phrase "Commission on Re-Entry and Returning Citizen20

Affairs" in its place.21

(2) Subsection (a) is amended by striking the phrase "Commission on Re-entry22

and Ex-Offender Affairs" and inserting the phrase "Commission on Re-Entry and Returning23

Citizen Affairs" in its place.24

(3) Strike the phrase "ex-offenders" wherever it appears and insert the phrase25

"returning citizens" in its place.26

(4) Subsection (b)(8) is amended by striking the phrase "and returning citizens".27


41/166

41

SUBTITLE H. CRIMINAL JUSTICE COORDINATING COUNCIL CRIMINAL1

JUSTICE AGENCY2


Sec. 3072. Section 1505 of the Fiscal Year 2002 Budget Support Act of 2001, effective4

October 3, 2001 (D.C. Law 14-28; D.C. Official Code 22-4234), is amended by adding a new5

subsection (c) to read as follows:6

"(c) The CJCC is designated as a criminal justice agency for purposes of transmitting7

electronically to local, state, and federal agencies criminal-justice-related information, as8

required by CJCC to perform the duties specified under this title and in accordance with the9

terms and conditions regarding data sharing approved by the agency that is the source of the10

information for transmission.".11

TITLE IV. PUBLIC EDUCATION12

SUBTITLE A. FUNDING FOR PUBLIC SCHOOLS AND PUBLIC CHARTER13

SCHOOLS14


This subtitle may be cited as the "Funding for Public Schools and Public Charter Schools16


Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public18

Charter Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 26,19

1999 (D.C. Law 12-207; D.C. Official Code 38-2901 et seq.), is amended as follows:20

(a) Section 104 (D.C. Official Code 38-2903) is amended by striking the phrase21

"$9,124 per student for fiscal year 2013" and inserting the phrase "$9,306 per student for fiscal22

year 2014" in its place.23

(b) Section 105 (D.C. Official Code 38-2904) is amended by striking the tabular array24

and inserting the following chart in its place:25

26


42/166

42

Grade Level Weighting Per Pupil Allocation in FY 2014

Pre-School 1.34 $12,470

Pre-Kindergarten 1.30 $12,098

Kindergarten 1.30 $12,098

Grades 1-3 1.00 $9,306

Grades 4-5 1.00 $9,306Grades 6-8 1.03 $9,585

Grades 9-12 1.16 $10,795

Alternative program 1.17 $10,888

Special education school 1.17 $10,888

Adult 0.75 $6,980

(c) Section 106(c) (D.C. Official Code 38-2905(c)) is amended to read as follows:1

"(c) The supplemental allocations shall be calculated by applying weightings to the2

foundation level as follows:3

"General Education Add-ons:4

5

"Level/

Program

Definition Weighting Per

Pupil FY

2014

"LEP/NEP Limited and non-English proficient students 0.45 $4,188

"Summer An accelerated instructional program in the summer forstudents who do not meet literacy standards pursuant topromotion policies of the District of Columbia Public

Schools and public charter schools

0.17 $1,582

"Special Education Add-ons:6

7

Level/ Program Definition Weighting Per Pupil

FY 2014

"Level 1: SpecialEducation

Eight hours or less per week of specializedservices

0.58 $5,397


More than 8 hours and less than or equal to 16hours per school week of specialized services.

0.81 $7,538


More than 16 hours and less than or equal to 24hours per school week of specialized services

1.58 $14,703


More than 24 hours per week which may includeinstruction in a self-contained (dedicated) specialeducation school other than residential placement

3.10 $28,849

"SpecialEducationCapacity Fund

Weighting provided in addition to specialeducation level add-on weightings on a perstudent basis for each student identified as eligible

0.40 $3,722


43/166

43

for special education.

"Residential D.C. Public School or public charter school thatprovides students with room and board in aresidential setting, in addition to theirinstructional program

1.70 $15,820

"Residential Add-ons:1

2

"Level/

Program

Definition Weighting Per Pupil

FY 2014

"Level 1:SpecialEducation -Residential

Additional funding to support the after-hours level 1special education needs of students living in a D.C.Public School or public charter school that providesstudents with room and board in a residential setting

0.374 $3,480

"Level 2:Special

Education -Residential

Additional funding to support the after-hours level 2special education needs of students living in a D.C.

Public School or public charter school that providesstudents with room and board in a residential setting

1.360 $12,656


Additional funding to support the after-hours level 3special education needs of students living in a D.C.Public School or public charter school that providesstudents with room and board in a residential setting

2.941 $27,369


Additional funding to support the after-hours level 4special education needs of limited and non- Englishproficient students living in a D.C. Public School orpublic charter school that provides students withroom and board in a residential setting

2.924 $27,211

"LEP/NEP -Residential

Additional funding to support the after-hoursLimited and non-English proficiency needs ofstudents living in a D.C. Public School or publiccharter school that provides students with room andboard in a residential setting

0.68 $6,328

"Special Education Add-ons for Students with Extended School Year ("ESY") Indicated3

in Their Individualized Education Programs ("IEPs"):4

5

"Level/Program Definition Weighting Per PupilFY 2014

"SpecialEducation Level1 ESY

Additional funding to support the summerschool/program need for students who requireextended school year (ESY) services in their IEPs.

0.064 $596


Additional funding to support the summerschool/program need for students who requireextended school year (ESY) services in their IEPs

0.231 $2,150


44/166

44


Additional funding to support the summerschool/program need for students who requireextended school year (ESY) services in their IEPs

0.500 $4,653

"SpecialEducation Level

4 ESY

Additional funding to support the summerschool/program need for students who require

extended school year (ESY) services in their IEPs

0.497 $4,625".

SUBTITLE B. PUBLIC CHARTER SCHOOL PAYMENT IMPROVEMENT1


This subtitle may be cited as the "Public Charter Schools Payment Improvement3


Sec. 4022. Section 107b of the Uniform Per Student Funding Formula for Public Schools5

and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C.6

Official Code 38-2906.02), is amended as follows:7

(a) Subsection (a) is amended as follows:8

(1) Strike the phrase "4 equal".9

(2) Strike the phrase "October 15" and insert the phrase "October 25" in its place.10

(b) Subsection (b) is amended as follows:11

(1) The introductory text is amended by striking the phrase "Each payment shall12

be one-fourth of each public charter school's entitlement, determined" and inserting the phrase13

"Payments shall be determined" in its place.14

(2) Paragraph (1) is amended by striking the period and inserting the phrase "and15

shall be 30% of the school's entitlement." in its place.16

(3) Paragraph (2) is amended as follows:17

(A) Strike the phrase "and January 15 payments" and insert the word18

"payment" in its place.19

(B) Strike the phrase "October 5" and insert the phrase "October 5 and20

shall be equal to 55% of the school's entitlement less amounts paid in July" in its place.21



45/166

45

"(3) The basis of the January 15 payment shall be the unaudited October1

enrollment numbers for that school contained in reports submitted by the eligible chartering2

authorities on October 5 and shall be equal to 80% of the school's entitlement less amounts paid3

in July and October.".4

(5) A new paragraph (4) is added to read as follows:5

"(4) The basis of the April 15 payment shall be the audited October enrollment6

numbers and shall be equal to 100% of the school's entitlement less amounts paid in July,7

October, and January; provided, that these amounts shall be adjusted in accordance with the8

provisions of subsection (c) of this section.".9

(c) Subsection (c) is amended by striking the phrase "October 15" and inserting the10

phrase "October 25" in its place.11

(d) Subsection (d) is amended as follows:12

(1) The existing text is designated as paragraph (1).13

(2) The newly designated paragraph (1) is amended by striking the phrase "such14

students" and inserting the phrase "such students, as set forth in subsection (g) of this section" in15

B20-199 Draft Committee Print (FINAL)

Documents

Transcript of B20-199 Draft Committee Print (FINAL)